5 ms·

Depending on the size of the company you worked for, and their legal budget, they may decide to go after you for things you produce even without a non-compete.

Depending on the size of the company you worked for, and their legal budget, they may decide to go after you for things you produce even without a non-compete. Or rather they go after ownership of what you produce, claiming it is based on knowledge you gained while performing your job duties for them. It is far from guaranteed to happen, but it's a risk with a chilling effect.

jonathankoren 8y ago
Noncompetes are rarely enforced. Move to California if you’re really scared.
- lazyasciiart 8y ago
  Will that protect you from a suit filed in the place of your last employment?
  - elithrar 8y ago
    No, because you signed the contract in another state. They can still sue you there in the majority of cases.
    - jonathankoren 8y ago
      Interstate noncompetes are unenforceable in California. See Application Group, Inc. v. Hunter Group, Inc (1988). Also, one could argue that enforcing a noncompete nationally, would be regulating interstate commerce, and thus the pervue of the federal government. There is no federal noncompete law. https://en.wikipedia.org/wiki/Non-compete_clause https://en.wikipedia.org/wiki/Non-compete_clause
      - redtexture 8y ago
        Could it only take a filing in federal court, in the state where the NDA specifies which state's laws shall considered, to bring the former employee into the local regime of the NDA, under a diversity of jurisdictions process?
        jonathankoren 8y ago
        No. It's against the public policy of the State of California for a noncompete to be valid, and so the contract is invalid. There's a compelling state interest not to enforce contracts that harm their residents. California has decided that more harm is done by enforcing such a contract than not. But yeah, I'm sure you can find lots of lawyers to file as many motions as you want as long as your checks cash, but in the end you're going to have to decide that this is really worth it, especially since there's a very real possibility that you'd end up going up against the State of California.
madeofpalk 8y ago
Still, does that make the developers actions non-ethical? Again, it sounds like the company is the non-ethical one.

jonathankoren 8y ago

Noncompetes are rarely enforced. Move to California if you’re really scared.

lazyasciiart 8y ago
Will that protect you from a suit filed in the place of your last employment?
- elithrar 8y ago
  No, because you signed the contract in another state. They can still sue you there in the majority of cases.
  - jonathankoren 8y ago
    Interstate noncompetes are unenforceable in California. See Application Group, Inc. v. Hunter Group, Inc (1988). Also, one could argue that enforcing a noncompete nationally, would be regulating interstate commerce, and thus the pervue of the federal government. There is no federal noncompete law. https://en.wikipedia.org/wiki/Non-compete_clause https://en.wikipedia.org/wiki/Non-compete_clause
    - redtexture 8y ago
      Could it only take a filing in federal court, in the state where the NDA specifies which state's laws shall considered, to bring the former employee into the local regime of the NDA, under a diversity of jurisdictions process?
      - jonathankoren 8y ago
        No. It's against the public policy of the State of California for a noncompete to be valid, and so the contract is invalid. There's a compelling state interest not to enforce contracts that harm their residents. California has decided that more harm is done by enforcing such a contract than not. But yeah, I'm sure you can find lots of lawyers to file as many motions as you want as long as your checks cash, but in the end you're going to have to decide that this is really worth it, especially since there's a very real possibility that you'd end up going up against the State of California.

madeofpalk 8y ago

Still, does that make the developers actions non-ethical? Again, it sounds like the company is the non-ethical one.